Daisy Desk: When should condo boards call their lawyers?

Board member education
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August 6, 2024
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5
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Daisy Desk: When should condo boards call their lawyers?


As a condo board member, you've likely faced decisions that left you wondering, "Should we consult our lawyer on this?" It's a common dilemma, and getting it right can save your board from costly mistakes and unnecessary stress. We recently sat down with Eric Wohl, a coop and condo law expert with over 20 years of experience, to get his insights on this crucial question and gather other valuable tips for condo board members.

Key takeaways for condo board members:

  1. Consult legal counsel before making major decisions
  2. Understand the changing landscape of urban living, especially post-COVID
  3. Foster a sense of community within your building

How Eric Wohl became a coop and condo law expert

Eric's journey into coop and condo law began with summer internships at real estate law firms during his youth. His father, also a lawyer, influenced his career path. Eric vividly recalls attending his first annual meeting as an intern:

"There was an annual meeting, and the partner took me to the meeting. And right away, there were 50 people there, and then there was the board, and there was so much happening. I'm like, that's cool. I can get into that."

This early exposure to the dynamic world of co-op and condo management sparked Eric's interest and set him on the path to becoming an expert in this field.

The importance of legal consultation for condo boards

When asked about his top advice for condo boards, Eric's response was unequivocal: "Call your lawyer first." This simple yet crucial step can save boards from headaches down the line. As Eric explains, "The one phone call I hate is, 'Eric, we've made this decision. Should we have made that decision?'"

For condo board members, this means:

  • Consulting your attorney before making significant decisions
  • Seeking legal advice before sending out important communications
  • Understanding that prevention is often less expensive than remediation

Eric emphasizes, "Before you make that decision, before you send that letter out because you want to save legal fees, call me. Call your attorney. Ask your attorney. Make sure, because that's always the biggest litigation, the worst case scenarios, the things that cost way too much money because you have to defend it now."

Adapting to the new normal: Post-COVID challenges for condo boards

The COVID-19 pandemic has significantly altered urban living. Eric notes, "Everybody's working from home. What's home now? Home is, for a lot of people that live in co-op condos, it's the thousand square feet."

This shift presents new challenges for condo boards:

  • Managing increased daytime occupancy and usage of building facilities
  • Addressing noise complaints and neighbor disputes more frequently
  • Updating building policies to accommodate work-from-home scenarios

Staying ahead of these changes and adapting your policies accordingly can help maintain harmony in your building.

Building community: The foundation of a successful condo

Eric emphasizes that the key to a thriving building is a strong sense of community. For condo board members, this means:

  • Organizing events that bring residents together (while respecting health guidelines)
  • Facilitating open communication between the board and residents
  • Encouraging resident participation in building activities

Eric believes that "if there's sort of a feeling of community... within a building and within a board... those are the most successful, happiest buildings because everybody believes on some level that you're acting in the best interest of the building."

The rewards of guiding condo communities

For Eric, the most rewarding aspect of his job is helping volunteer board members navigate the complexities of managing a building. He finds fulfillment in "being able to make their lives easier" and helping them create successful, harmonious living environments. 

Eric emphasizes the emotional connection people have to their homes and takes pride in contributing to the smooth operation of these communities. "If I'm able to just help people a little bit, make their lives a little bit easier, I think that's great," he shares.

Empowering condo boards for success

Eric Wohl's insights provide a valuable framework for condo board success. By prioritizing legal consultation, adapting to changing resident needs, and fostering community, boards can create thriving, harmonious living environments.

As a condo board member, you play a crucial role in shaping your community. By staying informed, seeking professional advice when needed, and focusing on building a strong sense of community, you can help create a positive living experience for all residents. 

Don't hesitate to reach out to your legal counsel when facing important decisions – it's an investment in your building's future that can pay dividends in the long run.

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